The healthcare industry is always evolving, and staying on top of changing laws — like the California Anti Kickback Statute (AKS) — is essential for running a successful practice in 2025. It is not just about avoiding violations; it is about building a workplace that prioritizes ethical decision-making and patient care above all else.
Whether that means hosting regular training sessions, having open conversations with staff about compliance, or making sure financial incentives never take precedence over patient well-being, staying up to date on California laws is key to keeping your business running smoothly (and ensuring your patients are still smiling!).
The AKS can be challenging to navigate, which is why working with an experienced anti kickback attorney is necessary. These legal professionals can provide guidance on compliance strategies, conduct risk assessments, and help healthcare providers establish policies that align with federal and state laws. In the event of an investigation or allegation, an anti kickback healthcare attorney can offer legal defenses, negotiate settlements, and work to reduce potential penalties.
Below, you can find all the information you need about the anti kickback statute in 2025.
The Anti Kickback Statute (AKS) is a federal law designed to prevent fraud and abuse in the healthcare system by prohibiting the exchange of anything of value for patient referrals or business involving federal healthcare programs.
In other words, health providers cannot offer, solicit, or receive kickbacks, bribes, or financial incentives for referrals or services covered by Medicare, Medicaid, or other federal programs. Violating the AKS can result in severe consequences, including high fines, exclusion from federal healthcare programs, and criminal charges.
As of early 2025, no new federal laws have been implemented to amend the AKS. However, recent judicial interpretations and regulatory developments have influenced the enforcement of the statute, impacting healthcare providers, organizations, and business arrangements.
In December 2024, the U.S. Court of Appeals for the Second Circuit adopted the “at least one purpose” rule. This rule applies to False Claims Act cases that involve AKS violations. The rule states that if at least one purpose of a payment is to encourage referrals, it violates the AKS — even if there are other legitimate reasons for the payment.
The Department of Health and Human Services (HHS) and the Office of Inspector General (OIG) have been reviewing potential updates to safe harbor protections. Safe harbors are legal exceptions that allow certain financial arrangements without violating the AKS, as long as they meet certain criteria. If an arrangement complies with a safe harbor, it cannot be prosecuted as an illegal kickback.
By late 2025, regulators are looking at new safe harbors for changing technologies. This includes telehealth partnerships and digital health services. They also want to clarify current safe harbor rules to provide better guidance on compliance.
As a healthcare provider, there are steps you can take to ensure the anti kickback statute is enforced and your patients are protected.
Reach out to an experienced anti kickback healthcare attorney for a more comprehensive understanding of the 2025 AKS law updates and how they might affect you or your practice. Fenton Jurkowitz Law Group has a team of seasoned anti kickback lawyers who can help you through potential investigations or allegations against your practice.
We recognize the importance of preserving your reputation, maintaining operational continuity, and complying with healthcare regulations. Fill out our contact form on our website today to connect with a healthcare practice attorney who specializes in the anti kickback statute.